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2008 03 13 CC Minutes MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN March 13, 2008 The City Council of the City of Baytown, Texas met in regular session on March 13, 2008 at 6:30 p.m. in the Council Chamber of the City of Baytown with the following in attendance: Brandon Capetillo Council Member Don Murray Council Member Lynn A. Caskey, II Council Member Sammy Mahan Council Member Scott Sheley Council Member Stephen H. DonCarlos Mayor Garrison C. Brumback City Manager Robert D. Leiper Deputy City Manager Ignacio Ramirez City Attorney Kelvin Knauf Assistant City Manager /Interim City Clerk Council Member Yepez was absent Mayor DonCarlos called the meeting to order at 6:30 p.m. with a quorum present. Council Member Capetillo led the Pledge of Allegiance and prayer. MINUTES Consider Approval of Minutes of the February 28, 2008 Regular Meeting and the March 1, 2008 Special Work Session. Council Member Murray moved that the minutes for the February 28, 2008 regular meeting and the March 1, 2008 special work session be approved. Council Member Caskey seconded the motion. The vote was as follows: Ayes: Council Members Capetillo, Caskey, Mahan, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. CITIZENS COMMUNICATIONS AND RECOGNITIONS Welcome new Fire Department employees Welcome three new employees into the Fire Department. The three probationary firefighters are Mark Houser, Dana Jenkins, and Clarence Jones. City Manager Brumback welcomed the new firefighters and gave a brief biography of each. Page 2 of 15 Minutes of the Regular Meeting—March 13, 2008 Recognize and award the life saving medal to Police Officers Krutsinger and Coleman. Police officers Krutsinger and Coleman were temporarily detained and this item was moved to later on the agenda. Employee Recognition for years of service. City Manager Brumback recognized Daniel McWilliams for five years of service, Richard Rodriguez, Richard Burton and John Watley for fifteen years of services and Randy Rhodes for twenty-five years of service. Mr. Rhodes was present to accept his service award. PUBLIC HEARINGS Conduct a public hearing concerning a proposed amendment to an ordinance of the City of Baytown, Texas amending Chapter 130 "Zoning" Article VI "District Regulations," Division 3 "UN Urban Neighborhood," Section 130-472 "Permitted Uses," Subsection 1 "Residential Uses" of the Code of Ordinances, Baytown, Texas, to allow certain RV parks within the UN Urban Neighborhood zoning district. Mayor DonCarlos introduced the agenda item. He called on Mitchell Pearce who had signed up to speak on the item. Mr. Pearce spoke in favor of the proposed ordinance and urged the City Council to approve the ordinance. Mayor DonCarlos asked City Manager Brumback to summarize the proposed ordinance. Bay Oaks Harbor subdivision was platted with a section for an RV park in 1985. The subdivision is zoned Urban Neighborhood which does not permit the property to be used for an RV park. The RV Park was platted and in operation prior to the adoption of the zoning ordinance. Therefore, the property was grandfathered and was able to continue its use. Once the RV Park was closed and the property became vacant it lost it’s grandfathering. The property is considered abandoned under Section 130-252 of the code of ordinances. The owner has a potential buyer that would like to rehabilitate and reopen the RV Park. This proposed amendment would allow recreational vehicles in a licensed manufactured home park or in a subdivision for which a plat is recorded in the county real property records on or prior to April 22, 1999, and in which the majority of lots are subject to deed restrictions expressly allowing recreational vehicles to be used and occupied as residences. This definition will effectively limit the application to Bay Oaks Harbor Section One. Recreational vehicles so occupied shall comply with American Standard Association Pamphlet A 119.2-1963, Plumbing, Heating and Electrical Systems in Travel Trailers. The Planning and Zoning Commission met on February 20, 2008 and voted unanimously to recommend approval. Mayor DonCarlos then closed the public hearing. PROPOSED ORDINANCES Consider proposed ordinance amending Chapter 130 "Zoning" Article VI "District Regulations," Division 3 "UN Urban Neighborhood District," Section 130-472 "Permitted Uses," Subsection 1 "Residential Uses" of the Code of Ordinances, Baytown, Texas, to allow certain RV parks within the UN Urban Neighborhood zoning district. Page 3 of 15 Minutes of the Regular Meeting—March 13, 2008 Bay Oaks Harbor subdivision was platted with a section for an RV park in 1985. The subdivision is zoned Urban Neighborhood which does not permit the property to be used for an RV park. The RV Park was platted and in operation prior to the adoption of the zoning ordinance. Therefore, the property was grandfathered and was able to continue its use. Once the RV Park was closed and the property became vacant it lost it’s grandfathering. The property is considered abandoned under Section 130-252 of the code of ordinances. The owner has a potential buyer that would like to rehabilitate and reopen the RV Park. This proposed amendment would allow recreational vehicles in a licensed manufactured home park or in a subdivision for which a plat is recorded in the county real property records on or prior to April 22, 1999, and in which the majority of lots are subject to deed restrictions expressly allowing recreational vehicles to be used and occupied as residences. This definition will effectively limit the application to Bay Oaks Harbor Section One. Recreational vehicles so occupied shall comply with American Standard Association Pamphlet A 119.2-1963, Plumbing, Heating and Electrical Systems in Travel Trailers. The Planning and Zoning Commission meet on February 20, 2008 and voted unanimously to recommend approval. Council Member Mahan moved that the proposed ordinance be approved. Council Member Capetillo seconded the motion. The vote was as follows: Ayes: Council Members Capetillo, Caskey, Mahan, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,849 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 130 “ZONING” ARTICLE VI “DISTRICT REGULATIONS,” DIVISION 3 “UN URBAN NEIGHBORHOOD DISTRICT,” SECTION 130-472 “PERMITTED USES,” SUBSECTION 1 “RESIDENTIAL USES” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ALLOW CERTAIN RV PARKS WITHIN THE UN URBAN NEIGHBORHOOD ZONING DISTRICT; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE THEREOF. Consider a proposed ordinance amending Ordinance No. 10,725 to create an additional Police Captain position The proposed ordinance amends Ordinance No. 10,725 to increase by one the number of appointed positions in the rank of lieutenant to that of captain in the classification “Service Group – Police.” The proposed increase in the number of captains in the Police Department is designed to improve the current span of control over the department. If this proposed ordinance is approved, the Police Department will have following number of positions in each classification: Page 4 of 15 Minutes of the Regular Meeting—March 13, 2008 Chief of Police 1 Captain 3 (In accordance with Chapter 143 of the Texas Local Government Code, 2 appointed captain positions and 1 tested captain position) Lieutenant 8 Sergeant 15 Patrol Officer 120 Civil service law requires the City Council to provide for the classification of all police officers and to establish the number of positions in each classification. City Manager Brumback asked Interim Police Chief Keith Dougherty to review the item as to why it was important. Chief Dougherty stated that the current captain over patrol and training needs an additional captain position to give direction to the training function. Council Member Capetillo moved that the proposed ordinance be approved. Council Member Caskey seconded the motion. The vote was as follows: Ayes: Council Members Capetillo, Caskey, Mahan, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,850 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING ORDINANCE NO 10,725, PRESCRIBING THE NUMBER OF POSITIONS IN THE CLASSIFICATION “SERVICE GROUP—POLICE”; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider a proposed ordinance awarding a contract for purchase of curbside recycling bins. City Manager Brumback stated that the City of Baytown has contracted with Waste Management (WM) for a residential curbside recycling program. Under the terms of the agreement the City of Baytown will furnish 18-gallon plastic recycling bins for use by residents. WM will be responsible for the initial delivery of approximately 18,000 bins to residents. Nine bids were sent out for the purchase of 19,000 bins and seven responses were received. One of the bid requirements was the submittal of a sample bin. Upon review of the bids and inspection of the bins, it is recommended that the bid be awarded to the second lowest bidder, SCL A-1 Plastics, Ltd., for the bins with printing on both sides. This is based on the improved construction features and expected longer life expectancy of the sample submitted by SCL A-1 Plastics. Awarding the second lowest bid increases the cost from $5.36 each to $5.65 each for a total cost increase of $5,510 or approximately 5%. Estimated delivery is 28 days after receipt of the order. The local Bayer facility, through funding from Corporate Bayer Material Science, LLC, has offered their community support to fund the initial purchase of the recycling bins. This contribution by Bayer Page 5 of 15 Minutes of the Regular Meeting—March 13, 2008 will allow the monthly cost for curbside recycling to drop from $2.50 to $2.25. Waste Management has ordered the equipment necessary to begin the curbside program in Baytown. Depending upon the delivery of that equipment and the receipt and distribution of the recycling bins, the program will begin May 1st or June 1st. Council Member Capetillo moved that the proposed ordinance be approved. Council Member Caskey seconded the motion. The vote was as follows: Ayes: Council Members Capetillo, Caskey, Mahan, Murray and Sheley Mayor DonCarlos Nays: None The motion passed. Consider a proposed ordinance amending the City Code Chapters 34 and 86 concerning littering and solid waste. The proposed ordinance amends Chapter 34 “Environment,” Article I “In General” of the Code of Ordinances, Baytown, Texas, to add a new division to be numbered and entitled Division 1 “Littering” to prohibit littering within the city and to require commercial establishments to maintain sufficient receptacles for depositing solid waste; and Chapter 86 “Solid Waste,” Article I “In General” of the Code of Ordinances, Baytown, Texas, to add three new sections to be numbered and entitled Section 86-2 “Disturbing or removing contents of containers,” Section 86-3 “Littering generally” and Section 86-4 “Penalties and enforcement” to prohibit disturbing or removing contents of containers and to establish that depositing waste in violation of the chapter constitutes littering; and amending Chapter 86 “Solid Waste,” Article III “Commercial Solid Waste” Section 86-131 “Definitions” of the Code of Ordinances, Baytown, Texas, to add a definition of “dumpster” and Section 86-134 “Unlawful maintenance of waste” to require screening of certain dumpsters and to provide a variance to the screening requirement and a variance appeal procedure. Litter is currently addressed in the Code of Ordinances and in state law; however, this ordinance contains some additional regulations to assist the City in keeping Baytown beautiful. Specifically, the proposed ordinance provides that: A). refuse receptacles be provided based upon the number of parking spaces, as follows: Number of Refuse # of Parking Spaces Receptacles Required Less than 20 0 Greater than 20, but less than 70 1 Greater than 70 but less than 120* 2 *Each additional set of 50 parking spots after 20 requires one additional receptacle. B). the first receptacle be placed outside the facility within 15 feet of the entrance. All other required receptacles are to be placed in the parking lot. Receptacles are only required during the operational hours of the business. Page 6 of 15 Minutes of the Regular Meeting—March 13, 2008 C). litter from a business or commercial establishment be removed as often as necessary to keep litter from accumulating or blowing onto nearby property (same as current ordinance); D). it is an offense for a patron of a business or commercial establishment to: 1). throw or deposit any litter on business or commercial property except in a receptacle; or 2). throw or allow any litter to blow upon the public streets of the city or upon private property in the city; E). it is a defense to prosecution if the patron picks up the litter, which he or she deposited and properly places the litter into a receptacle; F). all commercial dumpsters must be screened from view if the commercial dumpster: 1). is adjacent to single family and duplex uses; 2). can be seen from a scenic corridor; 3). is on a NC-zoned property; or 4). can be seen from public rights-of-way and streets, excluding alleyways; and G). dumpsters must be maintained on an impervious surface. An offense committed under this ordinance is punishable by a fine. Mayor DonCarlos announced that he had asked the city manager to table this item so the Mayor could research it further. The Mayor asked if people who had signed up still wished to speak. Maria Zoes stated that it was getting harder for small business owners to stay open; that City ordinances are compounding the hardship on business owners. James Haarmeyer stated that no citizens of business owners could stay in compliance with the ordinance. Bob Crunk showed pictures of City property and said the City needed to clean their mess up first. He stated that the City needs to set a good example and urged the City Council to put the ordinance on the back burner. No action was taken on the item. Consider a proposed ordinance awarding a materials testing contract for the Kilgore Road and Bob Smith Road Reconstruction Project. City Manager Brumback explained that the proposed ordinance awards a professional services contract to Terracon Consultants, Inc., for materials testing services for the Kilgore Road and Bob Smith Road Reconstruction Project in the amount of not to exceed $59,144. The scope of work will include earthwork and concrete testing and related services for the testing efforts. City Manager Brumback stated that the contract was for materials testing and recommended approval. Council Member Mahan moved that the proposed ordinance be approved. Council Member Caskey seconded the motion. The vote was as follows: Page 7 of 15 Minutes of the Regular Meeting—March 13, 2008 Ayes: Council Members Capetillo, Caskey, Mahan, Murray and Sheley Mayor DonCarlos Nays: None The motion passed. ORDINANCE NO. 10,852 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE INTERIM CITY CLERK TO ATTEST TO AN AGREEMENT FOR MATERIAL TESTING SERVICES FOR THE KILGORE ROAD AND BOB SMITH ROAD RECONSTRUCTION PROJECT WITH TERRACON CONSULTANTS, INC.; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED FIFTY-NINE THOUSAND ONE HUNDRED FORTY-FOUR AND NO/100 DOLLARS ($59,144.00); MAKING OTHER PROVISIONS RELATED THERETO; AMD PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider a proposed ordinance amending Chapter 94 of the Code of Ordinances concerning parking on the front yards of residential lots. Consider a proposed ordinance amending Chapter 94 “Traffic and Vehicles,” Article V “Stopping, Standing and Parking,” Division 2 “Parking,” Section 94-182 “Prohibited for certain vehicles and purposes” to add two new subsections to be numbered subsection (b)(6) and (c)(3), to prohibit parking of non-motorized vehicles on public streets for more than 72 hours in a 120 consecutive hour period and to add a new section to be numbered and entitled Section 94-189 “Parking prohibited on certain front yards” to restrict motor vehicles, boats and trailers from being parked on front yards of residential lots. The proposed ordinance amends Chapter 94 “Traffic and Vehicles,” Article V “Stopping, Standing and Parking,” Division 2 “Parking,” Section 94-182 “Prohibited for certain vehicles and purposes” to add two new subsections to be numbered subsection (b)(6) and (c)(3), to prohibit parking of non-motorized vehicles on public streets for more than 72 hours in a 120 consecutive hour period and to add a new section to be numbered and entitled Section 94-189 “Parking prohibited on certain front yards” to restrict motor vehicles, boats and trailers from being parked on front yards of residential lots. Changes to parking regulations were discussed during work sessions in June 2007 and January 2008. Several changes were made in the proposed ordinance during those work sessions and the ordinance was tabled on January 24, 2008 since all of Council was not present. The revisions to the original, proposed ordinance include: 1. Removing the prohibition against parking boats, trailers and recreational vehicles forward of the front building line on paved surfaces; 2. Extending to 72 hours in a 120 consecutive hours the period of time which a non-motorized vehicle may be parked in the street.; and 3. Allowing a vehicle to parked on an unpaved surface of a front yard for up to 4 hours in a 24 hour period. Page 8 of 15 Minutes of the Regular Meeting—March 13, 2008 City Manager Brumback recommended that the original ordinance be changed as discussed in the work session, to allow twenty-five foot (25’) wide improved surfaces. He recommended approval of the ordinance, as amended. Mayor DonCarlos asked that a motion be made and seconded so as to discuss the item. Council Member Capetillo moved that the ordinance be approved as changed in the work session. Council Member Sheley seconded the motion. Mayor DonCarlos called on people who had signed up to speak on the item. Adella Rogers asked questions about the ordinance and was satisfied with the responses. Harvey Ponder spoke against the proposed ordinance. He said a business owner does not have the money to meet city ordinances. He stated that only two people in Lakewood wants this ordinance and that most people think the city is poking their nose in their business and the city doesn’t belong there. Bob Crunk stated that there was a tremendous amount of opposition to the ordinance and the Council shouldn’t put the city through it. He said that the City Council can’t govern morality—people either have it or they don’t. He further stated that people who park on the grass can’t afford a $2000 fine. Mitchell Pearce asked that the ordinance be amended so that a paved surface could be 25 feet wide instead of 18 feet wide to allow for two vehicles and a boat; and that an RV be allowed if an RV is allowed in the front yard in an original deed restriction. Council Member Mahan said a RV and a car cannot be squeezed on an 18 foot driveway slab. Bob Crunk spoke against the ordinance. Mayor DonCarlos said he was sympathetic to the smaller lots and the ordinance would be amended to allow paved surfaces to be 25 feet wide or 50% of the average width of the lot, whichever is greater. He further stated that it will take all of us to change the image of the city and he hoped that the City staff would judiciously work with folks on compliance with the ordinance. Council Member Capetillo stated that a lot of citizens want a better community. There are many things on private property that need to be governed, and that the City Council is trying to make Baytown better. Council Member Capetillo further stated that, in order to move forward, the city needs to start making small steps before start taking big steps. He also asked staff to use discretion and not levy a $2000 fine the first time. Having made the original motion, Councilman Capetillo accepted an amendment to his motion for the paved surface to be 25 feet or 50% of the average width of a residential lot and that it apply to all residential lots in the city. Council Member Sheley, having seconded the original motion, also accepted the amendment. Council Member Murray stated that it is not fair to neighbors who believe that their property values are affected by parking cars and boats in the front yard. He said that the City Council will look to do what they can to improve the ambiance and quality of life in Baytown. Council Member Sheley said residents could park on the side of the house to place a boat or trailer. Mayor DonCarlos called on Mark McBride, who had signed up to speak on the item. Mr. McBride said if his property were on a corner lot, he would not be Page 9 of 15 Minutes of the Regular Meeting—March 13, 2008 in compliance with the proposed ordinance. He stated that he is out sometimes for a week and would be in violation if he parked his RV on the street for more than 72 hours. Council Member Caskey said that most homeowners would be willing to park their boat on the side of the house rather than in the front yard. Mayor DonCarlos said that we had to start somewhere on improving the appearance of the community. City Manager Brumback said that City staff would work to achieve voluntary compliance. After additional discussion, the vote was as follows: Ayes: Council Members Capetillo, Caskey, Mahan, Murray and Sheley Mayor DonCarlos Nays: None The motion passed. ORDINANCE NO. 10,853 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 “TRAFFIC AND VEHICLES,” ARTICLE V “STOPPING, STANDING AND PARKING,” DIVISION 2 “PARKING,” SECTION 94-182(B)(6) AND SECTION 94-182(C)(3), TO PROHIBIT PARKING OF NON-MOTORIZED VEHICLES ON PUBLIC STREETS FOR MORE THAN 72 HOURS IN A 120 CONSECUTIVE HOUR PERIOD; AMENDING CHAPTER 94 “TRAFFIC AND VEHICLES,” ARTICLE V “STOPPING, STANDING AND PARKING,” DIVISION 2 “PARKING,” OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO ADD A “PARKING PROHIBITED ON CERTAIN FRONT YARDS” TO RESTRICT MOTOR VEHICLES, BOATS AND TRAILERS FROM BEING PARKED ON FRONT YARDS OF RESIDENTIAL LOTS ON OTHER THAN AN IMPROVED SURFACE; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE THEREOF. Consider a proposed ordinance approving a settlement regarding the design, construction and construction oversight of the Emergency Operations Center. This item was not ready for discussion and no action was taken. Recognize and award the life saving medal to Police Officers Krutsinger and Coleman. At this time, Officers Krutsinger and Coleman arrived and City Manager Brumback informed the City Council of the actions taken by the officers to save the life of a citizen. On Friday, February 29th, 2008, while Officer Krutsinger and Officer Coleman were preparing to sit down for dinner at the Golden Corral restaurant located at 4610 Garth Road, Baytown, Texas, they overheard several citizens yelling for emergency assistance (9-1-1) inside the establishment. Officer Krutsinger and Officer Coleman made their way through the crowded restaurant to investigate the nature of the emergency and located an unresponsive middle-aged white male sitting at a table. The white male, later identified as James Payne, a fifty-nine year old truck driver, was blue in the face and had stopped breathing from what was later confirmed to be a heart attack. Page 10 of 15 Minutes of the Regular Meeting—March 13, 2008 Without hesitation, Officer Krutsinger and Officer Coleman lowered Mr. Payne onto the floor and began administering C.P.R. Officer Coleman administered chest compressions while Officer Krutsinger assisted Mr. Payne with his breathing. Between chest compressions, Officer Coleman was able to radio dispatch and request Baytown E.M.S to their scene. Baytown E.M.S arrived approximately eight (8) minutes later and continued to resuscitate Mr. Payne. Mr. Payne was transported by ambulance to San Jacinto Methodist Hospital where he was listed in serious condition. After speaking with Officer Krutsinger and Officer Coleman, Sgt. Rymer proceeded to San Jacinto Methodist located at 4401 Garth Road, Baytown, Texas. Upon arrival, Sgt. Rymer contacted and spoke with Emergency Physician, Dr. Harrington, who praised the actions of Officer Krutsinger and Officer Coleman. Dr. Harrington explained for each minute a person is not breathing, their chance for survival decreases by eleven (11) percent. Minus the actions of Officer Krutsinger and Officer Coleman, the chances for Mr. Payne to survive such an attack would have been less than twenty-two (22) percent. Thanks to Officer Krutsinger and Officer Coleman for their quick response and teamwork to save the life of another human being. Mr. Payne is expected to recover from this attack and is currently in stable condition. Interim Police Chief Keith Dougherty presented each officer with the Chief’s Life Saving Medal and extended his appreciation to the officers. The officers were given a standing ovation from the City Council, city staff and the audience. MOTIONS Consider authorizing advertisement to take bids for the Northeast Waste Water Treatment Plant Offsite Phase III Project. City Manager Brumback summarized the item. The scope of work for the project is the connection of the existing lift station #75, which is located on Hwy 146 and is east of Lynnwood subdivision, to the new Northeast Waste Water Treatment Plant. This lift station will now pump the new Northeast Waste Water Treatment Plant instead of the East Waste water Treatment plant. The estimated construction cost for this project is $1,300,000 and the construction duration is 150 calendar days. Council Member Murray moved that the staff be authorized to take bids, Council Member Mahan seconded the motion. The vote was as follows: Ayes: Council Members Capetillo, Caskey, Mahan, Murray and Sheley Mayor DonCarlos Nays: None The motion passed. DISCUSSIONS Receive a presentation on the median landscaping designs. The firm of Clark Condon was retained to create master design for the Alexander, Rollingbrook and Baker Road medians. The conceptual designs are complete and we are preparing to execute a contract for the preparation of construction drawings for use in future bidding. Four Page 11 of 15 Minutes of the Regular Meeting—March 13, 2008 demonstration medians on Alexander will be constructed in-house by the Public Works, Utilities and Parks Departments to showcase the citywide initiative. The designs were presented to the Parks Board on March 5th and the Baytown Beautification Advisory Commission will review them on March 11th. Scott Johnson presented a plan for landscaping medians. Jamie Hendrixson of Clark Condon and Associates presented the landscaping plans for Baker, Alexdander and Rollingbrook. Mayor DonCarlos said that he would rather have a uniform style throughout the city and wanted to try to get civic clubs involved and that he would talk to the County about funding. His preference was to leave the pavers in the landscaping design. Council Member Sheley suggested stamped concrete with stain as an alternative to the pavers. Scott Johnson explained that it was expensive to do the pavers on the ends of the medians. Council Member Murray asked if there would be water to the islands and the answer was yes. He also asked about the maintenance of the landscaping after the plants mature. City Manager Brumback said the City would use native plants to withstand the weather and be able to maintain the landscaping easily. Council Member Sheley said that it would take additional staffing to maintain the medians. Scott Johnson said he planned to have four demonstration medians on Alexander and each side of Ward Road and the projects would start on Alexander. Mayor DonCarlos said the City needed to encourage local businesses to adopt the median in front of their businesses. No action was taken on the item. CONSENT Council Member Sheley moved that the consent agenda be adopted. Council Member Caskey seconded the motion. The vote was as follows: Ayes: Council Members Capetillo, Caskey, Mahan, Murray and Sheley Mayor DonCarlos Nays: None The motion passed. Consider a proposed ordinance approving the purchase of a new 2008 ambulance for the EMS Department through the Houston-Galveston Area Council bidding process. ORDINANCE NO. 10,854 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED FORTY THOUSAND FOUR HUNDRED TWELVE AND NO/100 DOLLARS ($140,412.00) TO KNAPP CHEVROLET, INC., THROUGH THE HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF A NEW AMBULANCE WITH FRAZER TYPE I GENERATOR POWERED MODULT MOUNTED ON A 2008 CHEVROLET C4500 6.6 L DURAMAX DIESEL CHASIS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 12 of 15 Minutes of the Regular Meeting—March 13, 2008 Consider a proposed ordinance granting a permit to Texas Eastern Transmission, LP. for one new 20-inch pipeline that runs a thousand foot across Baytown city limits at Staples Drive, in an existing pipeline corridor. ORDINANCE NO. 10,855 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A PIPELINE PERMIT TO TEXAS EASTERN TRANSMISSION, LC, FOR ONE NEW 20-INCH PIPELINE IN AN EXISTING PIPELINE CORRIDOR; ESTABLISHING THE AMOUNT OF THE BONDL AUTHORIZING AND DIRECTING THE DIRECTOR OF ENGINEERING TO ISSUE THE PERMIT THEREFOR; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance approving Change Order No. 2 to the Northeast Waste Water Treatment Plant with CSA Construction, Inc. ORDINANCE NO. 10,856 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 2 WITH CSA CONSTRUCTION, INC., FOR THE NORTHEAST WASTE WATER TREATMENTPLANT PROJECT TO ADD AN 8’ X 8’ ROLLING DOOR TO THE BELT PRESS BUILDING, TO INSTALL A DROP MANHOLD FOR THE PROPOSED 21” SEWER, TO ADD A 1200 AMP CIRCUIT BREAKER TINTO THE BLOWER MOTOR CONTROL CENTER, AND TO RELOCATE A TRANSFORMER; AUTHORIZING PAYMENT FOR SUCH CHANGE ORDER IN THE AMOUNT OF THIRTY- TWO THOUSAND TWO HUNDRED EITGHTY-FIVE AND NO/100 DOLLARS ($32,285.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider a proposed ordinance approving Change Order No. 2 to the NEWWTP Offsite Sanitary Sewer – Package #1. ORDINANCE NO. 10,857 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 2 WITH GEORGE CONSTRUCTION, INC., FOR THE NORTHEAST WASTE WATER TREATMENT PLANT OFFSITE SANITARY SEWER PROJECT—PACKAGE #1 TO REMOVE AND REPLACE THE ASPHALT DRIVES AT THE TWO ENTRANCES OF HUNTER’S CREEK SUBDIVISION AND TO INSTALL CONDUIT THROUGH THE CASING OF THE WATERLINE BORED UNDER THE UNION PACIFIC RAILROAD RIGHT-OF-WAY; AUTHORIZING PAYMENT FOR SUCH CHANGE ORDER IN THE AMOUNT OF FIFTY-THREE THOUSAND FIVE HUNDRED TWENTY-FIVE AND NO/100 DOLLARS ($53525.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider a proposed ordinance amending Chapter 82 of the Code of Ordinances to reduce garage sale fees and providing for community garage sales. Page 13 of 15 Minutes of the Regular Meeting—March 13, 2008 ORDINANCE NO. 10,858 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 82 “SECONDHAND GOODS” ARTICLE IV “GARAGE SALES,” SECTION 82-202 “PERMITS,” SUBSECTION (B)(2) AND SECTION 82-203 “APPLICATIONS,” SUBSECTION (A) OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO REMOVE THE FIVE AND NO/100 DOLLAR ($5.00) GARAGE SALE SIGN PERMIT FEE AND TO PROVIDE FOR COMMUNITY GARAGE SALES UNDER ONE PERMIT; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider a proposed ordinance approving BAWA's annual cationic polymer contract ORDINANCE NO. 10,859 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE ANNUAL CATIONIC POLYMER CONTRACT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND POLYDYNE, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider a proposed ordinance approving BAWA's annual sodium hydroxide contract ORDINANCE NO. 10,860 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE ANNUAL SODIUM HYDROXIDE CONTRACT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND UNIVAR USA INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. APPOINTMENTS Consider an appointment to the Baytown Area Water Authority Board (1) The BAWA Board recommends that Mr. John Sandhop be appointed to the board to fill the vacancy. City Manager Brumback also recommended that John Sandhop be appointed to the BAWA Board. Council Member Murray moved that John Sandhop be appointed to the BAWA Board. Council Member Capetillo seconded the motion. The vote was as follows: Ayes: Council Members Capetillo, Caskey, Mahan, Murray and Sheley Mayor DonCarlos Nays: None The motion passed. Page 14 of 15 Minutes of the Regular Meeting—March 13, 2008 Consider confirmation of the Mayor's appointments to the Baytown Housing Authority Board (3) Mayor DonCarlos stated that he had re-appointed Fran Parent and Fred Aguilar to the Baytown Housing Authority Board. Council Member Caskey moved that the appointments be confirmed. Council Member Murray seconded the motion. The vote was as follows: Ayes: Council Members Capetillo, Caskey, Mahan, Murray and Sheley Mayor DonCarlos Nays: None The motion passed. Consider confirmation of the Mayor's appointments to the Baytown Housing Finance Corporation Board (3). Mayor DonCarlos stated that he had re-appointed Fran Parent and Fred Aguilar to the Baytown Housing Finance Corporation Board. Council Member Caskey moved that the appointments be confirmed. Council Member Murray seconded the motion. The vote was as follows: Ayes: Council Members Capetillo, Caskey, Mahan, Murray and Sheley Mayor DonCarlos Nays: None The motion passed. Consider confirmation of the city manager's appointment of a city clerk. City Manager Brumback stated that Kaythie Darnell of Lubbock, Texas had been offered the position of City Clerk for the City of Baytown. He recommended that the City Council confirm the appointment. Council Member Capetillo moved that Kaythie Darnell be confirmed as City Clerk. Council Member Sheley seconded the motion. The vote was as follows: Ayes: Council Members Capetillo, Caskey, Mahan, Murray and Sheley Mayor DonCarlos Nays: None The motion passed. EXECUTIVE SESSION Public notice is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda when authorized by the provisions of the Open Meetings Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the matters enumerated hereinbelow, if any. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session Page 15 of 15 Minutes of the Regular Meeting—March 13, 2008 will be publicly announced by the presiding officer. This item was not ready and no executive session was held. MANAGER'S REPORT th Trash Off Scheduled for April 5 City Manager Brumback asked Mike Lester, Director of Health and EMS, to review the Trash Off th event scheduled for April 5. Mr. Lester briefly informed the City Council of the events related to Trash Off. Animal shelter renovations update Mike Lester gave a brief report on the renovations to the animal shelter. Mayor DonCarlos and Council Member Caskey asked about adoptions at the shelter. Mr. Lester said that the adoptions were increasing over previous years. Council Member Caskey asked about using volunteers at the shelter. Mr. Lester said that he wanted to get his staff fully trained before utilizing volunteers. Update on the demolition and repair of the structures located at 1200/1300 Northwood. Kelly Carpenter, Director of Planning and Development Services gave an update on the demolition at 1200/1300 Northwood. Closing of the Sterling Municipal Library for remodeling. Katherine Brown, Library Director, gave an update on closing Sterling Municipal Library for remodeling. ADJOURN Council Member Capetillo moved that the meeting be adjourned. Council Member Caskey seconded the motion. The vote was as follows: Ayes: Council Members Caskey, Capetillo, Mahan, Murray, and Sheley Mayor DonCarlos Nays: None The motion carried and the meeting adjourned at 8:21 p.m. ________________________________ Kelvin Knauf, Interim City Clerk